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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Case law on on admitting jurors statements to nuullify a verdictr. | 484 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Case law on on admitting jurors statements to nuullify a verdictr.
Authored by: Anonymous on Wednesday, August 29 2012 @ 12:55 PM EDT
I can't imagine video of the juror(s) in question being hearsay since it's A.
the person themselves saying what they knew and direct witnesses stated what
they did and B. it's on video in ones and zeros for anyone on youtube to watch
and gripe about. Still, I'm not lawyer, that's why we pay them to do this kind
of stuff.

[ Reply to This | Parent | # ]

Case law on on admitting jurors statements to nuullify a verdictr.
Authored by: Anonymous on Thursday, August 30 2012 @ 12:16 AM EDT
There are posts in the comments about this. I don't know that
"nullify" is the right word legally, someone else would have to answer
that.
As to the question of "does it matter what they're saying", the answer
is potentially yeah.

A jury is supposed to pretend it's a blank slate. Granted, that's asking a bit
of the impossible, but at the very least you have to be open minded.
Additionally, the jury is explicitly not allowed to use their pre-existing or
external knowledge to influence the rest of the jury. They aren't witnesses,
they're jurors deciding the facts in a particular case with a particular set of
legal circumstances.

When someone does that, it can be grounds for a retrial or the judge can do
something else such as throw out the guilty verdicts or reduce to zero damages.
It's up to judge koh, and later the appeals courts, what happens from here.

For my money, though, this doesn't look good.

[ Reply to This | Parent | # ]

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